I have lectured and presented extensively on what does and does not constitute working time, in the context of preliminary and postliminary activities. The key in such determinations is whether
Continue Reading Supreme Court Ruling on Pre/Post Shift Activities: New Wine in an Old Bottle
U.S. Supreme Court
Supreme Court Gives Offer Of Judgment “Offensive” Defense Big Boost
By Fox Rothschild LLP on
I have posted several times about the offensive use of the FRCP Rule 68 Offer of Judgment in FLSA collective overtime (or other) actions, have myself utilized it to dispose…
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Supreme Court Will (Finally) Rule On Offer of Judgment Procedure Used To Moot FLSA Collective Actions
By Fox Rothschild LLP on
These are happy times for management side lawyers, I predict. The U.S. Supreme Court has heard oral arguments on the issue of whether utilizing the Rule 68 FRCP Offer of…
Continue Reading Supreme Court Will (Finally) Rule On Offer of Judgment Procedure Used To Moot FLSA Collective Actions
Offer of Judgment May Yet Be Vindicated As A Means for Defeating FLSA Collective Action
By Fox Rothschild LLP on
I have written many times about making Offers of Judgment in a FLSA collective action case, in an effort to eliminate the lead plaintiff and perhaps then dispose of the…
Continue Reading Offer of Judgment May Yet Be Vindicated As A Means for Defeating FLSA Collective Action
Concepcion Strikes Again! New Jersey Court Dismisses FLSA Class Action
By Fox Rothschild LLP on
A few months ago, the US Supreme Court issued the landmark decision in ATT Mobility LLC v. Concepcion in which the Court held that the Federal Arbitration Act preempted state…
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The U.S. Supreme Court Makes Life For Employers Even More Difficult — Verbal Complaints Held To Be Protected Activity Under the Fair Labor Standards Act
By Fox Rothschild LLP on
On March 22, 2011, the United States Supreme Court held in Kasten v. Saint-Gobain Performance Plastics Corp., that the Fair Labor Standards Act (“FLSA”) prohibits employers from retaliating against…
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The Legality Of Reducing Wage Rate To “Avoid” Overtime: The Supreme Court May Decide
By Fox Rothschild LLP on
I have believed that it is not illegal for an employer to reduce the wage rate of an employee, even if the objective is to save overtime costs or where…
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The Continuing Saga Of The Fluctuating Work Week Heads To The Supreme Court
By Fox Rothschild LLP on
An employee who was paid a salary, deemed exempt by her employer, filed a lawsuit claiming she was in fact non-exempt and won. The calculation of her damages, however, was…
Continue Reading The Continuing Saga Of The Fluctuating Work Week Heads To The Supreme Court